Can I get a DUI while on marijuana instead of alcohol?
Or does it only apply to alcohol? How can they prove it?
Sifuentes & Locke
| Shannon Willis Locke
San Antonio, TX
San Antonio, TX
If the police took bodily fluids from you during the arrest then those bodily fluids can be tested for drugs and alcohol. An intoxicating substance includes any drug, alcohol, dangerous drug, or a controlled substance that makes it so you do not have the normal use of your intellectual or physical faculties. It is, usually, more difficult to say that someone is under the influence of marijuana than it is to say they are under the influence of marijuana. Still, it depends on the philosophy of the county where you were arrested and the expertise of the officer who arrested you. If you were not arrested but a blood sample was taken, it is likely that a warrant for your arrest will be issued once the blood is tested. Hiring a lawyer will allow you to keep track of where the case is and allow you avoid any nasty surprises.
Answer Applies to: Texas
Replied: 10/26/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Texas
Replied: 10/26/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Reeves Law Firm, P.C.
Yes, a DUI can be issued if there is any intoxicant, it is not limited to alcohol. The question is: is the defendant's ability to operate a motor vehicle impaired and if so, is that impairment due to the introduction of alcohol or another intoxicant.
Answer Applies to: Texas
Replied: 10/26/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Texas
Replied: 10/26/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Aaronson Law Firm
You can get a DUI for any substance, alcohol or otherwise, that impairs the normal use of your mental and physical faculties. The prosecutor will prove this by showing that you didn't have "normal use" of your physical/mental faculties, such as the field sobriety test, etc.
Answer Applies to: Texas
Replied: 10/26/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Texas
Replied: 10/26/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Cynthia Henley, Lawyer
Yes you can. They prove it by urine test and / or drug recognition expert and officers about physical actions observed.
Answer Applies to: Texas
Replied: 10/25/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Texas
Replied: 10/25/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Mark Thiessen, Attorney at Law
Absolutely. They have to run a DRE, Drug Recognition Evaluation and say you were under marijuana.
Answer Applies to: Texas
Replied: 10/25/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Texas
Replied: 10/25/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: The Law Office of M. Elizabeth Foley
A DUI, no. A DWI, yes. Such a case can be difficult to prove based on drugs alone, and usually depends on just how badly you were driving. A DUI is basically restricted to someone under 21 who had consumed any detectable amount of alcohol and was driving. A DWI is the more common offense, can be based on either alcohol or drugs, and requires proof that you were not in the same mental or physical condition that you normally are and that affected your ability to drive.
Answer Applies to: Texas
Replied: 10/25/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Texas
Replied: 10/25/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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